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STATE v. HAYES

DA 17-0346.

449 P.3d 826 (2019)

2019 MT 231

STATE of Montana, Plaintiff and Appellee, v. Gary S. HAYES, Defendant and Appellant.

Supreme Court of Montana.

Decided: October 1, 2019.

Attorney(s) appearing for the Case

For Appellant: Chad Wright , Appellate Defender, Deborah S. Smith , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, Tammy K Plubell , Assistant Attorney General, Helena, Montana, Steve Haddon , Jefferson County Attorney, Boulder, Montana.

¶1 On February 5, 2017, a jury in the Fifth Judicial District Court, Jefferson County, found Gary S. Hayes (Hayes) guilty of incest, a felony in violation of § 45-5-507, MCA. Hayes appeals his conviction, raising three issues. We find the following issue dispositive:

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